HomeMy WebLinkAboutMINUTES Town Board 1993-03-23Town0f Estes Park,Larimer County, Colorado, 9Ma 3 1993...
Regula r
Minutes of a meeting of the Board of Trustees of the Town of Este s
Park, Larimer County, Colorado . Meeting held in the Town Hall in said Town of Estes Par k
23rd March 9 3
on the day of A . D . 199 9 9 9 at regular meetin g
hour .
Meeting called to order by Mayor H 9 ...
.
Present: Mayor H .B .Dannels Trustees :George J . Hix, Mayor ProTe m
Norbert L . Aldrich ,
David Barker ,
Robert L . Dekker ,
Also Present :
Stephen W .Gillette ,
Gary F . Klaphake,
David Habecke r
Town Administrato r
Gregory A . White ,
Absent: Town Attorney
Vickie O'Connor ,
Town Cler k
Absent : None
Mayor Dannels called the meeting to order at 7 :30 P .M .
PUBLIC INPUT .
There was no public comment .
CONSENT CALENDAR :
1 .
Town Board minutes dated March 9, 1993 [and Special meeting
minutes dated March 15, 1993] - see motion below .
2 .
Bills .
3 .
Committee Minutes :
A.Light & Power, March 11, 1993 .
B.Special Events, March 18, 1993 .
C.Public Safety, March 18, 1993 .
D.Planning Commission, March 16, 1993 .
4 .
Liquor License Renewals :
A.Philip & Christine Switzer, dba EAST SIDE FOOD STORE ,
381 S . Saint Vrain Ave ., 3 .2%Retail Beer License .
B.Michael & Winifred Krawchuk, dba LONGHORN LIQUOR MART ,
1640 Big Thompson Ave ., Retail Liquor Store License .
C.Richard A . Barlow, dba POPPY'S PIZZA & PUB, 342 A E .
Elkhorn Ave ., Beer & Wine License .
D.Estes Valley Recreation & Park District,dba ESTE S
PARK GOLF CLUB, Hotel & Restaurant License wit h
Optional Premise, 1080 S . Saint Vrain Ave .
Mayor ProTem Hix requested Item #1 containing the Special Meetin g
minutes be removed from the Consent Calendar .It was moved an d
seconded (Hix/Habecker) the Consent Calendar (as amended)b e
approved,and it passed unanimously . It was moved and seconde d
(Gillette/Dekker) the Special Meeting Minutes dated March 15, 199 3
be approved,and it passed by the following votes : Those votin g
"Yes" Trustees Aldrich, Barker, Dekker and Gillette . Those votin g
"No" None . Those "Abstaining" Trustees Habecker and Hix .
Board of Trustees -March 2 3,1993 - Page 2
ACTION ITEMS :
1.
Light & Power Committee, March 11, 1993 :
Electric Rate Update Study - Approval of Contract with Ma x
Kiburz.Light & Power Director Matzke reported that thi s
study will incorporate new wholesale rates which wer e
instituted by PRPA into the base rates . It was moved an d
seconded (Aldrich/Hix) the Contract, not-to-exceed $S,00 0
with Max Kiburz be approved,and it passed unanimously .
2.
Special Events Committee, March 18, 1993 :
Agreements .It was moved and seconded (Hix/Habecker) the
Lions Club Concession Stand Lease, Colorful Colorado Quarte r
Horse Show and Colorado Hunter-Jumper Horse Show Agreement s
be approved, and it passed unanimously .
3.Telephone Bids .Construction and Facilities Manager Siever s
reported that the 1993 Budget includes $58,200 for a ne w
telephone system for both the Police and Municipal Offices .
Eight RFPs were issued and four (4) firms responded ; the
most competitive proposals were submitted by AT&T an d
Executone, with the lowest bid being proposed by Executone ,
as follows :
Basic System $41,889 .0 0
Lightning Protection 3,327 .6 0
5-Year Maintenance Agree 14,625 .0 0
Upgrade portion of Telephones .
3,101 .1 0
Expenses to Date (electrical ,
consultant, etc .) 3,290 .0 0
January 1994 Expense (deferred)(1,194 .00 )
TOTAL CONTRACT
$65,038 .7 0
The budget shortfall totals $6,838 .70 ; however, Executon e
has agreed to a deferred payment of one year on th e
maintenance agreement (1994). The remaining deficit will be
shared and expended from the General and Light and Powe r
Funds . An additional four (4) lines will be established ,
for a total of ten (10) in-coming telephone lines .Chie f
Racine reported on the Enhanced 911 system which will wor k
concurrently with the new telephone system . The E911 syste m
is being funded by residents within Larimer County at a
$.50/customer charge collected on the telephone bill .
Discussion followed concerning the magnitude of the syste m
upgrade, maintenance agreement and service/response time .
The new telephone system should be "on-line" in May, wit h
E911 in July .It was moved and seconded (Aldrich/Hix) th e
proposal submitted by Executone in the total amount o f
$65,038 .70 be accepted,and it passed unanimously .
4.North Ridge Meadow Condominiums Special Review, Richar d
Wille/Applicant - Appeal of Planning Commission Decision o f
Denying Density Bonus .Mayor Dannels opened the publi c
hearing . Trustee Habecker declared a "conflict of interest "
and vacated the room . Community Development Director Stame y
reviewed the Applicant's request for a 6% density bonus an d
Planning Commission's recommendation that the request b e
denied (based upon building mass, utilization of the sit e
and neighborhood compatibility), resulting in a total of 4 7
units . The proposal also includes replatting of the 1 3
existing lots into one (1) lot and a rezoning request .
These items will be reviewed at a later date . Administrator
Klaphake noted that the bonus request is not a "veste d
right", and that the Commission's recommendation wa s
forwarded following extensive review . Applicant's
representative Bill Van Horn presented his request for the
Board of Trustees - March 23, 1993 -Page 3
appeal based upon the site which has been zoned Commercial -
Outlying and which partly abuts residential and multi -
family ; proposal to "down-zone" the property to residential ;
incentives regarding energy savings ; maintaining existin g
vegetation ; staff recognition of favorable design features ;
the Applicant is allowed a 20% bonus and is requesting 6%;
the additional three (3) units make the difference i n
affordability of the project ; traffic on Dry Gulch Road wil l
not be impacted ; photographs (4) were presented indicatin g
the proposed site, property line, and views from the nort h
and west ; existing slope which has resulted in a 40 %
decrease in building area ; obligation to the Applicant's
property in addition to that of the neighborhood ; setback ;
and landscaping . Town Attorney White urged Mr . Van Horn t o
clarify his request-Mr . Van Horn responded by readin g
portions of the following : Section 17 .20 020 C . and D .
Staff emphasized the review was only to be centered upon th e
bonus request . The Trustees posed questions relating t o
landscape treatment of the cut for the roadway, an d
clarification from Planning Commission Chairman Sager on th e
Commission's "findings" for approval of the 47 units .
Public testimony in "opposition" was heard from Walter Dun n
(represented 120 residents and expressed concern wit h
building mass); Rowland Retrum (urged the Board give seriou s
consideration to the concerns expressed by the affecte d
residents); Alan Aspinall (representing the North En d
Property Owners--concern with building mass, density ,
traffic - and support for the replatting). Mr . Van Horn wa s
offered an opportunity for rebuttal . Town Attorney Whit e
acknowledged a letter in opposition to the appeal date d
March 19, 1993 submitted by Ron Harvey, adjacent propert y
owner . There being no further testimony, Mayor Dannel s
declared the public hearing closed . In summary, Mayor
ProTem Hix stated that the Trustees are the custodians o f
the public interest in development matters ; the bes t
interest of the neighborhood of the proposed development a s
well as the public at large should be carefully considered ;
quoted from Section 17 .120030 .B .3 . relative to residentia l
district objectives ; the Planning Commission determined tha t
it would be the best interest of the neighborhood to kee p
the density of this property to a minimum required lot siz e
and not allow a density bonus for the development ; th e
Board, under Section I7 .20.020.6.C could grant a density
bonus by special review if determined that the plan utilize d
the topography and site vegetation to generally locate th e
buildings that were least obtrusive from the off-site ; sit e
vegetation is located in a swale where it would not b e
feasible to build ; topography is such that the longest sid e
line of the property is at the bottom of the hill and front s
onto an arterial street, therefore, there is no way t o
utilize the topography to locate the buildings in the leas t
obtrusive way . Agreeing that there is a need for additiona l
economical housing units in Estes Park, it was moved and
seconded (Hix/Aldrich)the Board of Trustees deny th e
Applicant's appeal of the Planning Comm ission decision, thu s
approving 47 units .Following Trustee discussion concernin g
the Town Board's separate and distinct role in weighing
recommendations submitted by the Planning Commission ,
reasoning that perhaps developer incentives should b e
clarified, and clarification on landscaping, the motio n
passed unanimously, with Trustee Habecker Abstaining .
Trustee Habecker returned to his position on the Board of Trustees .
5 .New Hotel &Restaurant Liquor Application filed by The Even t
Center,Inc .,dba THE EVENT CENTER,470 Prospect Villag e
Dr ..Mayor ProTem Hix declared a potential "conflict o f
interest"and stated he would not participate in discussio n
nor vote .Mayor Dannels opened the public hearing for a New
Board of Trustees -March 23, 1993 -Page 4
Hotel & Restaurant Liquor License application located at th e
former health club building . Ed Grueff/Applicant, reporte d
that The Event Center will conduct nightly entertainmen t
during the summer months ranging from Country Western to Bi g
Band . The non-smoking establishment will also provid e
entertainment for the youth . Liquor will not be serve d
during these functions, and Mr . Grueff is researchin g
methods of ensuring underage patrons will not be allowed t o
imbibe malt, vinous and spirituous liquor . As there was n o
public comment, Mayor Dannels declared the public hearin g
closed . Finding that the reasonable requirements of th e
neighborhood are not being met by the present liquor outlet s
in the neighborhood and that the desires of the adul t
inhabitants are for the granting of this liquor license, i t
was moved and seconded (Dekker/Aldrich) the New Hotel &
Restaurant Liquor License for The Event Center be approved ,
and it passed unanimously, with Mayor ProTem Hix Abstaining .
6.Ordinance #3-93 Electric and Barbed Wire Fences .During
their meeting January 25, 1993, the Administrative Committe e
directed Town Attorney White to prepare an ordinanc e
regulating electric and barbed wire fences . Discussion
followed regarding the regulation's affect on potentia l
annexation in areas that are "rural in nature", affect o n
properties where horses are being accommodated, potentia l
exceptions/exemptions, setback ; and attractive nuisance .
Dick and Ray Carlton noted their concern with the Ordinanc e
relative to private property rights . Frank Hix reporte d
that such a fence also acts to protect the public fro m
hazardous property . Realizing the necessity for additiona l
research and discussion, the Ordinance was tabled .
7.
Town Administrator's Report .Administrator Klaphake had n o
report .
There being no further business, Mayor Dannels adjourned th e
meeting at 9 :29 P .M .
Town Clerk